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H.R. Alert

May 2009

Conducting Layoffs

Seminar Outline

  1. Making the Decision
  2. Alternatives to Layoffs
  3. Planning the Layoff
    1. Who will administer the layoffs?
    2. Who will be affected?
    3. When and where will it be conducted?
    4. Will you lay them off individually or as a group?
    5. Will the layoffs be conducted once only or over a period of time?
  4. Selection of those Affected
    1. What criteria will be used?
    2. Seniority as a determining factor
    3. The problems if you use performance as a factor
    4. Analysis of those affected by race, gender, age, etc.
    5. V. Notice Requirements for Plant Closures
    1. WARN
    2. Cal-WARN
    3. The Union
    4. The city
  5. Legal Risks
    1. Age discrimination
    2. Gender discrimination
    3. Race discrimination
    4. Wrongful termination
  6. Documentation Prepared in Advance
    1. Termination/lay off letter
    2. Insurance documentation
  7. Protection of your Trade Secrets and Confidential Information
  8. Informing those Affected
    1. What to say
    2. What not to say
    3. Who should be present?
  9. Severance
    1. What formula for determining the amount?
    2. Different types may receive different amounts
    3. Legal waivers in exchange for severance
  10. Final Paychecks
  11. COBRA in regard to Medical Insurance
  12. Accrued and Unused Paid Vacation
  13. Garnishment or Withholding of Final Wages
  14. Return of the Company’s Property
  15. Providing References
  16. Unemployment Insurance
  17. Distribution or Transfer of Employees’ Retirement Accounts
  18. What about the Surviving Employees?

Larry Levy

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